| Citation(s) |
|---|
| 2007 SLG 3373 2007 SLD 3373 2007 PLJ 661 |
Supreme Court of Pakistan
C.A. No. 166 to 178 of 2003, decided on 12.12.2006.
CH. IJAZ AHMED & HAMID ALI MIRZA, JJ.
Ms. Afshan Ghazanfar, AAG Punjb for Appellants. Mr. Muhammad Munir Peracah, ASC and Ch. Muhammad Akram, AOR for
Respondents (in all appeals).
C.A. No. 166 to 178 of 2003, decided on 12.12.2006.
CH. IJAZ AHMED & HAMID ALI MIRZA, JJ.
Ms. Afshan Ghazanfar, AAG Punjb for Appellants. Mr. Muhammad Munir Peracah, ASC and Ch. Muhammad Akram, AOR for
Respondents (in all appeals).
VS
HAJI YAQOOB KHAN and others--Respondents
Law:
Section:
Duty Bound-- ----Judicial officers are duty bound to decide the cases after judicial application of mind. [P. 664] A Constitution of Pakistan, 1973-- ----Arts. 189 & 190--Binding of --Judgment of Supreme Court is binding on each and every organ of state by virtue of Constitution. [P. 664] B PLD 1977 SC 109. Interpretation of Statute-- ----Order made by authority acting under it would not be called in question in any Court. [P. 665] C Colonization of Government Lands (Punjab) Act, 1912 (V of 1912)-- ----S. 36--Constitution of Pakistan, 1973, Art. 185(3)--Unfetter power--Officer working under Colonization of Government Lands (Punjab) Act, 1912 should exercise their powers freely and should not be interrupted unnecessarily to administer colony land according to terms and conditions issued by competent authority of and on but his provision does not give unfettered power. [P. 665] D Jurisdiction-- ----Supervisory jurisdiction--Civil Court while exercising supervisory jurisdiction, mala fide excessive or not in accordance with law or based on fraud. [P. 665] E Jurisdiction-- ----Trial Court has given findings of fact against appellants that orders were passed by appellants against respondents mala fide, without jurisdiction. [P. 666] F Constitution of Pakistan, 1973-- ----Art. 4--Public functionaries are duty bound to pass the orders in accordance with law. [P. 667] G PLD 1987 SC 447 Constitution of Pakistan, 1973-- ----Art. 185(3)--Civil Procedure Code, (V of 1908), S. 115--Concurrent of trial Court and High Court----Supreme Court does not interfere in concurrent conclusion arrived at by Courts below. [P. 667] H PLD 1987 SC 145; PLD 1977 SC 109; PLD 1987 SC 447. Judgment Ch. Ijaz Ahmed, J.--We intend to decide captioned appeals by one consolidated judgment having similar facts and law arising out of the common judgment of the Lahore High Court, dated 30.10.2001. 2. Appellants/petitioners had sought leave to appeal against the judgment of the Lahore High Court dated 13.10.2001 wherein the revision petitions filed by the private respondents were accepted through the impugned judgment. 3. Necessary facts out of which the aforesaid appeals have been arisen are that…
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